Property disputes in Scotland

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Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov

Most recent Property disputes in Scotland content

Practice notes
This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights, how they arise—(ie by agreement made between...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 6th May
Practice notes
Coronavirus (COVID-19): Various local and national lockdown measures have required some commercial premises to close. Consideration should be given to...
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Produced in partnership with Jennifer Guy of Brodies LLP 29th Apr
Practice notes
This Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil litigation, see: Preliminary and ongoing...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 28th Apr
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 28th Apr
Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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26th Apr
Practice notes
This Practice Note provides guidance on how the Scottish civil courts are responding to and operating during the coronavirus (COVID-19) pandemic,...
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26th Apr
Practice notes
This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA 21st Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 8th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Andrew Todd of Springfield Properties plc 8th Apr
Practice notes
This is a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 8th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Gavin Deeprose and Scott Traynor of DLA Piper Scotland LLP 8th Apr
Practice notes
For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with James Lloyd of Harper Macleod LLP 22nd Mar
Practice notes
This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
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19th Mar
Practice notes
For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to...
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Produced in partnership with James Lloyd of Harper Macleod 9th Mar
Practice notes
In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for...
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Produced in partnership with James Lloyd of Harper Macleod LLP 9th Mar
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 9th Mar
Practice notes
This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 9th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 9th Mar
Practice notes
STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 9th Mar
Practice notes
Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 9th Mar

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